State Rep. Bryan Terry, a Republican in Murfreesboro, has filed a bill aimed at safeguarding citizens’ DNA from foreign adversaries and standing up against human rights violations due to illegal organ harvesting. This legislative initiative responds to growing concerns about the collection and misuse of genetic data, particularly by foreign entities. The bill, known as the Tennessee Genomic Security and End Organ Harvesting Act, addresses genomic security and ensures that the state is disconnected from China's practices of illegal organ harvesting. By focusing on these critical issues, Terry aims to protect Tennesseans’ genetic information and uphold human rights standards in the face of global challenges.
The Tennessee Genomic Security and End Organ Harvesting Act (HB0395) addresses genomic security and ensures the state is disconnected from China’s illegal organ harvesting practices.
“Genetic sequencers have revolutionized medicine and research, but companies from places like China are collecting our data from their products in the U.S.,” Terry said. “China has built one of the world’s largest gene banks, using this data for surveillance and military purposes.”
Genetic information plays a crucial role in diagnosing diseases, developing new drugs, and advancing our understanding of biology. Researchers use blood or saliva samples and analyze the DNA with bioinformatics software to identify genetic variations and mutations.
This bill would prohibit the use of genetic sequencers or software from nations designated as foreign adversaries by the federal government.
A 2022 study found that China is violating the “dead donor rule” and is performing “execution by organ transplantation.”
The organ trade, including illegal organ transplants, generates significant income, with annual estimates ranging from $840 million to $1.7 billion, according to a report by Global Financial Integrity.
“While there is no evidence that this has occurred in Tennessee, this legislation aims to protect our citizens and stand against human rights violations being carried out by China,” Terry emphasized.
This bill also prohibits health insurers from knowingly covering organ transplants in China or any transplants involving organs sold or donated by Chinese sources.
The Tennessee Genomic Security and End Organ Harvesting Act passed unanimously out of the House Health Subcommittee on Feb. 19, and is scheduled to be heard in the House Health Committee on Feb. 25.
Bryan Terry, MD, represents House District 48, which includes the eastern half of Rutherford County.
Snapshot of Bill: The "Tennessee Genomic Security and End Organ Harvesting Act" is a new law that aims to protect people's DNA and prevent illegal organ harvesting. Here are the main points of the bill:
- Health Insurance Rules: Starting January 1, 2026, health insurance plans cannot cover organ transplants done in China or involving organs from China. The health commissioner can also add other countries involved in forced organ harvesting to a public list.
- Genetic Sequencer Restrictions: Medical and research facilities cannot use genetic testing equipment or software from countries considered foreign adversaries, including China, Iran, North Korea, and Russia. Any non-compliant equipment must be replaced within 180 days of the law taking effect.
- Data Storage Requirements: All genetic data must be stored in the United States, and accessing this data from outside the country is generally not allowed unless the health commissioner gives written approval. Facilities must use strong security measures to protect this data.
- Enforcement and Penalties: The attorney general can investigate violations of the law, and anyone can report suspected violations. Medical facilities and research institutions must prove they are following the law each year or face fines. Violating the rules can lead to fines of up to $100,000 for health insurers and $10,000 for others.
- Compensation for Violations: If someone’s genetic information is misused by a facility that breaks this law, they can claim at least $5,000 for each time their information was used incorrectly.
Overall, this law seeks to ensure genetic security and prevent unethical practices related to organ donation.